Terms & Conditions

KAO Mother's Day Competition

These terms and conditions (which are comprised of the Part A Competition Details and Part B Terms and Conditions) relate to the Price Attack Mday Spa Escape Competition (Competition).

Part A – Competition Details
Competition name Mday Spa Escape
Eligible States/Territories All states of Australia, except Tasmania.
Competition Period Start: 12:01am AEST on 1 April 2024
End: 11:59pm AEST on 30 April 2024
No entries will be accepted outside this time.
Website address www.priceattack.com.au
Promoter Price Attack Marketing Fund Pty Ltd ACN 627 245 461
130 Links Avenue South, Eagle Farm QLD 4009
Eligible Participants A Participant must have an active Club Price Attack membership account to enter the Competition.

Entry to the Competition is open to residents in all eligible states who fulfill the method of entry requirements.

Entry into the Competition is deemed to be acceptance of:

1. these Terms and Conditions of entry,
2. the Club Price Attack terms and conditions (https://www.priceattack.com.au/pages/clubpa-terms-conditions); and
3. Price Attack’s Privacy Policy (https://www.priceattack.com.au/pages/privacy-policy).

This Competition is subject to the Participants Club Price Attack membership remaining open for the duration of the Competition Period and until the Participant receives the prize (if applicable).
Details of prizes $500.00 Endota Spa Gift Card
Total number of prizes 4
Total value of prize pool The total prize pool is $2,000.00 (incl. GST)
Method of entry To enter, an eligible Participant must, during the Competition Period:

• Purchase 2x Goldwell products; or
• Purchase 2x KMS products,

from any participating Price Attack store or online (an Eligible Purchase).

Each eligible Purchase equals one entry into the Competition and there is no limit to the number of Competition entries a Participant can make.

After completing an Eligible Purchase, the Participant must register via the online portal at https://www.priceattack.com.au/pages/kao-mothers-day-competition with their full contact details and provide a photo of the purchase receipt..

The Promoter reserves the right at any time, to disqualify any entry:

1. if the Eligible Purchase is cancelled, refunded or varied in any manner; or

2. that the Promoter deems invalid or not in accordance with these terms and conditions.
Maximum number of entries Unlimited
Prize draw A random prize draw in the presence of an independent scrutineer will occur on Friday 3 May 2024.

Location of draw: Eagle Farm, QLD
Notification of winners The winners will be notified on Monday 6 May at 11am AEST. The winner will be contacted by phone and email to claim the prize.
Public announcement of winners Will be announced on www.priceattack.com.au within 7 days of the draw.
Unclaimed prize draw A random unclaimed prize draw in the presence of an independent scrutineer will occur on 6 August 2024 at 11am AEST.
Notification of unclaimed prize winners Unclaimed prize winners will be notified by phone and email on XXX 2024.
Public announcement of winners from unclaimed prize draw The winners of all unclaimed prizes will be published on www.priceattack.com.au by August 2024.
Permit reference N/A
 
Part B - Terms and Conditions of entry
General
1. The Part A Competition Details and these Part B Terms and Conditions apply to this Competition.

2. The Competition will be conducted by the Promoter during the Competition Period specified in Part A.

3. By entering this Competition, you (the “Participant”) warrant that you have read, understand and agree to be bound by these terms and conditions.

4. The Promoter reserves the right to amend or replace these terms and conditions and/or any Competition rules or procedures at any time and for any reason.

5. Any reference to “includes” or “including” means without limitation, and where permitted and the context requires, any reference to an entry includes multiple entries and prize includes multiple prizes.

6. Any decision of the Promoter in respect of all matters arising out of or in connection with the Competition is final and binding.

7. Each Participant is responsible for notifying the Promoter of any change to the Participant’s contact details during and after the Competition Period.

8. If this Competition is interfered with in any way or is not capable of being conducted as the Promoter anticipated, due to any reason beyond reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion to modify, suspend, terminate or cancel the Competition, as appropriate.

9. This Competition and these terms and conditions are governed by the laws of Queensland.
Eligible Participants
10. Entry to the Competition is only open to legal residents of the Eligible States/Territories who satisfy the Method of entry.

11. Current franchisees, employees of a Price Attack or employees of the Promoter and immediate family of the preceding are not eligible to enter the Competition.

For the purposes of these terms and conditions, immediate family means any of the following: spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent.

12. If the Participant is under the age of 18 years, the Participant will be deemed to have obtained the permission of the Participant’s parent or legal guardian to participate in the Competition.

Competition Entry Requirements
13. All Entries become the property of the Promoter upon submission, upload or otherwise being provided to the Promoter.

14. The eligibility of Entries is solely within the discretion of the Promoter.

15. No responsibility is accepted for late, lost, incorrectly submitted or misdirected Entries.

16. Entries must be received by the Promoter during the Competition Period.

17. The Promoter reserves the right, in its sole discretion:

a. To refuse to accept entries which are:

i. Incomplete;
ii. Indecipherable;
iii. Illegible;
iv. Forged;
v. Manipulated; or
vi. Do not comply with these Terms.

b. To disqualify any Participant who:

i. Has breached any of these Terms;
ii. Has engaged in unlawful or improper conduct; or
iii. Otherwise acts to cheat or undermine the fairness of the Competition by, for example, tampering with, or using or exploiting errors in, the entry process to obtain a competitive advantage over other entrants.

18. An entry cannot be modified after it has been submitted.

19. The Promoter reserves the right, at any time, to request verification of the age, identity, residential address or any other information relevant to participation in the Competition of all Participants. The Promoter reserves the right to disqualify any Participant who provides false information or fails to provide information that is reasonably requested by the Promoter.

Judging and Prizes
20. This Competition is a game of chance and each validly submitted Entry will enter the draw for a chance to be randomly selected by the Promoter as a prize winner at the time and date specified in Part A.

21. The number of winning entries to be selected will be the same as the total number of prizes specified in Part A.

22. The Promoter may, but is not obliged, to publish the results of the Competition. By entering this Competition, the Participant consents to the Promoter publishing their name as a winner in any media whatsoever (unless otherwise advised by the Participant during the Competition Period).

23. If a prize includes vouchers, tickets or is of a similar redeemable nature, the prize is valid until the expiry date specified on the prize (or as otherwise notified by the prize provider), and is subject at all times to any terms and conditions specified by the prize provider.

24. The Promoter is not responsible for any changes in dates, times, cancellations or otherwise that may prevent a prize winner from accepting, taking or using a prize.

25. The Promoter makes no warranties or representations, and will not accept any liability, in respect of the fitness for purpose or suitability of any prize, or the failure of any prize to be of merchantable quality. If liability is imposed by legislation and cannot be excluded the Promoter, the liability of the Promoter in respect of the relevant goods and/or services is limited to re-supply or paying replacement costs.

26. It is a condition of accepting any prize that the winner must comply with all conditions of use of the prize and the prize suppliers’ requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.

27. The prize(s) or any part or element of the prize(s) are not transferable, exchangeable or redeemable for cash.

28. The manufacturer(s) or supplier(s) of the prize(s) are not participants in, or promoters or sponsors of this Competition.

Notification and Claiming the Prize(s)
29. The Promoter will provide each winner with instructions on how to claim their Prize, by the time and date specified in the Schedule. It is the responsibility of each winner to comply with the Promoter’s instructions.

30. Delivery of the notification to the winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter.

31. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the Competition Period, it is the entrant’s responsibility to notify the Promoter. A request to modify any entry information should be directed to the Promoter.

32. A Participant claiming to be a prize winner must provide proof of identity and/or proof that they were responsible for the winning entry, if required by the Promoter. Each prize winner may also be required to sign a document indicating they have received their prize at the time of receipt.

33. If a prize winner is under the age of 18 years, their prize may be awarded to the prize winner’s parent or legal guardian.

34. Each winner agrees to participate and cooperate, as required, in all publicity activities relating to the Competition including, without limitation, being interviewed, photographed, filmed and recorded. Each winner authorises the Promoter to use such content for advertising and publicity purposes in any media in perpetuity worldwide.
Unclaimed Prizes
35. If the prizes have not been claimed by the unclaimed prize draw time and date, and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the “Unclaimed prize draw section” of the Schedule (if applicable).

36. In the event the unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the unclaimed prize draw in accordance with the “Notification of unclaimed prize draw” section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the unclaimed prize draw will be published in accordance with the section of the Schedule entitled “Public announcement of winners from unclaimed prize draw”.

37. If a prize is no longer available, the Promoter may substitute with a prize of equal or higher value subject to any written directions from a regulatory authority. The Promoter is not allowed to deduct any administrative costs associated with provision of the prize.

No Liability
38. Participants enter the Competition at their own risk.

39. Any prize provided by a third-party supplier is subject to the terms and conditions of that third party supplier. Each prize may come with guarantees that cannot be excluded under the Australian Consumer Law. If those guarantees are not complied with, then you will have rights under the Australian Consumer Law.

40. Subject to the guarantees provided for in clause 39, the Promoter (including its officers, employees and agents) excludes all liability (including liability in contract, tort, pursuant to legislation or otherwise), and is hereby released, from any personal injury or any loss or damaged (including loss of opportunity, profit, reputation or goodwill), whether direct, indirect, special or consequential, arising in any way out of the Competition or any prize, including but not limited to, where arising out of the following:

a. Any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
b. Any theft, unauthorised access or third party interference;
c. Any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
d. Any tax liability incurred by a prize winner;
e. Any expense incurred by a prize winner in connection with the prize or Competition generally including delivery costs or otherwise associated with accepting, taking or using a prize;
f. Possession, use or misuse of a prize; or
g. Participation in any activity associated with the Competition.

41. The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.

42. Facebook, YouTube, Instagram, TikTok or Snapchat may be used to advertise or promote the Competition. By entering the Competition, entrants agree that the Competition is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or Snapchat; and to release Facebook, YouTube, Instagram, TikTok or Snapchat from all liability in relation to this Competition. Any questions, comments or complaints regarding the Competition should be directed to the Promoter, and not Facebook, YouTube, Instagram, TikTok or Snapchat.
Privacy Statement
43. Price Attack is bound by the Privacy Act 1988 (Cth), and the Price Attack privacy policy is available at https://www.priceattack.com.au/pages/privacy-policy.

44. The Promoter will collect and use the Participants’ personal information for the purposes of:

a. Administering and carrying out the Competition (which may include disclosure to third parties for the purpose of processing and conducting the Competition) and for promotional purposes, public statements and advertisements in relation to the Competition;
b. Providing information about products and services offered by the Promoter and future promotional communications to the Participant; and
c. Research to improve the Promoter’s products and services.

45. By entering the Competition, the Participant consents to the use of their personal information.

46. If a Participant does not consent to the collection, use and disclosure of personal information as outlined in these Terms, the Participant should contact the Promoter.

47. A request to access, update or correct any information should be directed to the Promoter.

Restrictions on Use of this Site

Information provided on this Site is for personal non-commercial use.  You must have parental or guardian approval to access and use this Site if you are not 18 years of age or over.  When using this Site you must not, and you must not attempt to, interfere with any security related features of this Site, any functions of this Site, modify the content of this Site, disrupt or otherwise interfere with this Site or the equipment supporting and hosting this Site, including servers and the network, or use the Site for data gathering, including by use of robots, screen scraping or other data mining tools or data extraction tools. 

Information on the Site

We endeavour to be as accurate as possible in the information provided on this Site.  While care has been taken in providing information on this Site, including information about products and product descriptions, to the extent permissible by law Price Attack, its employees, related parties, directors, officers, agents, contractors and collaborators do not warrant the accuracy or completeness of the information provided and do not accept liability, including for any loss or damage, that results from reliance on information provided on this Site.

Intellectual Property Rights

All trademarks, including logos and brand names, photographs, video, text, information, look and feel, images, music, sounds, audio, designs, data compilations and software, and other materials used on this Site are protected by trademark, copyright and intellectual property law in Australia.

Unless otherwise indicated reproduction of any part of this Site is unlawful.  Unless otherwise indicated Price Attack trademarks, copyright material and other material protected by copyright may only be reproduced with the written consent of Price Attack.  Where reproduction is permitted that reproduction may only be used for personal non-commercial purposes.

Hyperlinks, Third Party Content and Advertising

This Site may contain hyperlinks to third party content and websites, third party content, paid advertising and other material derived from third parties (“Third Party Content”).  The presence of Third Party Content on the Site, for example infomration pertaining to zipPay and other product information, or hyperlinks to Third Party Content is not to be taken as a recommendation, endorsement or approval of the Third Party Content by Price Attack, its employees, related parties, directors, officers, agents, contractors and collaborators.  Price Attack, its employees, related parties, directors, officers, agents, contractors and collaborators do not warrant the accuracy or completeness of any Third Party Content and does not warrant a third party website is free of viruses or malware.  Any complaint relating to Third Party Content accessed through a hyperlink on this Site should be directed to the third party website containing the Third Party Content.

Privacy

Our Privacy Policy sets out information regarding how we deal with your personal information.  Please see our Privacy Policy on our Privacy Policy Page.

Cookies

In relation to this Site you consent to us using and gathering data using cookies, which you may be able to disable through your browser.

Pricing

Prices for products on the Site are in Australian Dollars and include GST.  Unless otherwise indicated all charges are in Australian Dollars.

Prices may vary between Price Attack online, stores, regions and states and may not have sold at the RRP.

Your Account

If you have an account on the Site you are responsible for the confidentiality of your account information and password, and for securing your computer. You are also responsible for ensuring the information is current and correct.

If you are using an account on the Site that is not your account you represent and warrant to us that you have authority to use that account and to legally bind the account holder to these Terms and Conditions and, to the extent you do not have authority to use the account, you assume all liability under these Terms and Conditions.

Placing an Order

Products may only be purchased for non-commercial use, with the exception of purchases made using ‘Trade’.

When placing an order you agree to follow the instructions and read any terms attaching to the placing of that order.

Orders may only be placed on the Site by persons who are 18 years of age or over. If you are not 18 years of age or over must have parental or guardian approval to place an order on the Site and parents and guardians must read and consent to these Terms and Conditions.

We reserve the right to decline fulfilling an order for any reason. In the event your order is declined any amount paid by you in respect of that order will be refunded to you.

Credit Checks

By placing an order with us you consent to us conducting credit checks and to receive or convey information about you from and to third parties, including credit reporting bodies.

Gift Cards

Gifts cards may not be used to place an order on this Site.

Use of Product

When you place an order for a product on this Site you agree to use the product only for the purpose intended and in accordance with the instructions provided by the manufacturer.

Delivery

If orders are place separately they cannot be consolidated into a single order and you will be liable to pay the delivery amount attached to each separate order.

If products are to be delivered to a person other than you, you undertake to obtain consent to give their personal details to us.

If any details provided by you to us are incomplete, incorrect or not current, to the full extent permitted by law, we will not be liable to you or a third party for a failure or delay in processing an order.

We use various freight companies (Delivery Company) to deliver the order.

We do not ship to PO Boxes. All parcels must be delivered to an address other than a PO Box.

You acknowledge and agree that, to the fullest extent permitted by law, we are not liable for any delays in delivery or damage to the products during transit, including direct or indirect loss, consequential loss, including damages for loss of profits, punitive and loss of opportunity.

You acknowledge and agree that it is your responsibility to take delivery of the order promptly during the delivery time of the Delivery Company.If you are not available to take delivery the Delivery Company may leave instructions on where to pick up the order or attempt to re-deliver the order at their sole discretion.You acknowledge and agree that the order may be returned to us if you do not take delivery or collect your order as instructed by the Delivery Company and that you may be charged an additional delivery fee for re-delivery of the order.

In the event an order is returned to us undelivered we may charge a fee for re-delivery.

In the event we are unable to deliver the order to the address instructed we will inform you, cancel the order and refund the cost of the order to you.

In the event that we genuinely provide you with the incorrect product please contact us within 48 hours of receiving the product at info@priceattack.com.au or call us on 07 3215 6000. We will provide you with information on the process for the supply of incorrect goods and you will be provided with the correct product without further charge.

You acknowledge and agree that, the fullest extent permitted by law, on delivery of the order risk in the product transfers to you.

Cancellation

If your product is not available we will contact you, cancel the order and return to you any money paid in respect of that product.

Once an order is placed the order cannot be cancelled.

Returns Policy

We do not offer an exchange or refund for change of mind.

If a product is faulty or defective please contact us as soon as practicable at info@priceattack.com.au and we will provide you with information about our return process, which may involve sending photos, other information and the product to us.  If we determine the product is faulty or has a defect we will either provide you with a new product or refund price of product. If we determine that the product is not faulty or does not have a defect we will return the product to you.  For the purpose of clarity a product is not faulty or defective due to fair wear and tear.

All refunds will be made using the original payment method.

Limitation of Liability

You acknowledge and agree that, to the fullest extent permitted by law, Price Attack, its employees, related parties, directors, officers, agents, contractors and collaborators exclude liability, including direct or indirect loss, consequential loss, including damages for loss of profits, punitive and loss of opportunity, incurred that may arise from the use of the Site, including through the use of content and information, inaccuracies or incompleteness in the content, Third Party Content, any interruption to your business, computer viruses, corruption of data, delays in delivery, system malfunctions and failures, or other events beyond our control.

To remove doubt nothing in these Terms and Conditions seeks to limit or exclude any consumer guarantees or other statutory rights except to the extent permitted under the Competition and Consumer Act 2010 (Cth), or to limit any or exclude any liability except to the extent permitted by law.

Indemnity

You agree to indemnify and keep us indemnified against any damage, loss or costs incurred by us in connection with your use of the Site, a breach of these terms, any inaccurate or false information provided by you, or the contravention of any law in connection with your use of this Site.

Waiver

No waiver of a breach these Terms and Conditions by will be construed as a waiver by us of any other past or future breach of these Terms and Conditions.

Severability

Where a provision of these Terms and Conditions is held to be unlawful, void, invalid or otherwise unenforceable, that part or provision will be severed to extent necessary and the remainder of the Terms and Conditions will remain in full force and effect.

Termination

We may immediately, without issuing notice, suspend or permanently prevent you from accessing the Site in part or in whole if, in our reasonable opinion, you breach a provision of these Terms and Conditions.

Notices

Notices must be in writing and may be given by email unless otherwise stated in the Terms and Conditions or subsequently stated in writing by us.

Force Majeure

We are not liable for our a breach of our obligations under these Terms and Conditions if we are unable to fulfil our obligations due to an event beyond our reasonable control, including severe weather, fire, flood lightning, natural disaster, strikes, malicious damage, telecommunication or power or computer network failure, violent or disruptive events and events associated with any of these events.

Jurisdiction

These Terms and Conditions are governed by the laws in force in the State of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in respect of any claim arising out of these Terms and Conditions.